Chapter 5 - Evidence

Question 1

apology statutes

Answer 1

also called I’m Sorry Laws; laws that render physicians’ apologetic statements to patients inadmissible should that patient subsequently choose to pursue a malpractice claim

Question 2

best evidence rule

Answer 2

a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained

Question 3

relevant evidence

Answer 3

the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not

Question 4

circumstantial evidence

Answer 4

also called indirect evidence; it is evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact

Question 5

probative

Answer 5

a term used in law to signify “tending to prove”

Question 6

fiduciary duty

Answer 6

an acceptance of responsibility to act in the best interests of another person or entity

Question 7

weight of the evidence

Answer 7

a measure of the importance or credibility of evidence

Question 8

incident reports

Answer 8

reports that are created when events happen that are inconsistent with a healthcare facility’s routine patient care practices or operations or that are out of the ordinary

Question 9

legal hold

Answer 9

also known as a preservation order, preservation notice, or litigation hold; a legal order that suspends the destruction of paper or electronic records and that also requires that the party preserve any evidence

Question 10

peer review

Answer 10

evaluation of scientific, academic, or professional work by others working in the same field

Question 11

rebut

Answer 11

to claim or prove that (evidence or an accusation) is false

Question 12

direct evidence

Answer 12

real, tangible, or clear evidence of a fact, happening, or thing that requires no thinking or consideration to prove its existence

Question 13

documentary evidence

Answer 13

evidence in written form, not oral, such as original records, letters, e-mails, and photographs

Question 14

hearsay

Answer 14

information received from other people that one cannot adequately substantiate; rumor

Question 15

hearsay evidence

Answer 15

testimony from a witness under oath who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the “hearsay evidence rule”) unless an exception to the hearsay rule applies.

Question 16

spoliation

Answer 16

the intentional destruction, mutilation, alteration, or concealment of evidence

Question 17

waiver of privilege

Answer 17

situations when privileged communication is automatically waived, such as when a patient sues for malpractice; the medical records can be released in order for the defendant to defend himself, but there are limits to how much privilege can be waived

Question 18

demonstrative evidence

Answer 18

also called real or physical evidence; evidence that consists of actual objects, charts, diagrams, maps, videos, pictures, models, illustrations, and other devices that are intended to clarify or prove the facts for the judge and jury

Question 19

litigation triggers

Answer 19

events that make litigation likely, such as the death of a patient

Question 20

Federal Rules of Evidence

Answer 20

a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal

Question 21

obviate

Answer 21

to anticipate and prevent something, such as a situation, or make an action unnecessary

Question 22

construe

Answer 22

(1) to analyze the arrangement and connection of words in (a sentence or sentence part)
(2) to understand or explain the sense or intention of, usually in a particular way or with respect to a given set of circumstances

Question 23

vacated judgment

Answer 23

(also known as vacatur relief)
A judgment that makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.

Question 24

vacate (law)

Answer 24

cancel or annul (a judgment, contract, or charge)

Question 25

annul

Answer 25

declare invalid (an official agreement, decision, or result)

Question 26

supplemental brief

Answer 26

an additional brief on appeal filed by consent of court or pursuant to rules of court

Question 27

pursuant

Answer 27

in carrying out
in conformity with
according to

Question 28

leave (legal)

Answer 28

a motion filed with the court seeking permission to deviate from an established rule or procedure of the court

Question 29

venire

Answer 29

an entire panel from which a jury is drawn

Question 30

panel (legal)

Answer 30

a group of people appointed for some service (e.g. a jury panel)

Question 31

inculpatory

Answer 31

implying or imputing guilt

tending to incriminate or inculpate

Question 32

inculpate

Answer 32

to impute guilt to: INCRIMINATE

Question 33

impute

Answer 33

to lay the responsibility or blame for something, often falsely or unjustly
to credit or ascribe (something) to a person or a cause : ATTRIBUTE

Question 34

inculpatory evidence

Answer 34

evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish guilt

Question 35

ascribe

Answer 35

to refer to a supposed cause, source, or author

to say or think that something is caused by, comes from, or is associated with a particular person or thing

Question 36

remand

Answer 36

also known as pre-trial detention, preventive detention, or provisional detention
it is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention center or held under house arrest

Question 37

memorandum

Answer 37

(1) an informal record
(2) a written reminder
(3) an informal written record of an agreement that has not yet become official
(4) an informal diplomatic communication
(5) a usually brief communication written for interoffice circulation
(6) a communication that contains directive, advisory, or informative matter

Question 38

inter alia

Answer 38

among other things

Question 39

affirm

Answer 39

formal: to say that something is true in a confident way
formal: to show a strong belief in or dedication to (something, such as an important idea)
law: to decide that the judgment of another court is correct